. az
+h (On Stamp Paper of Rs. 500/-)
f IRVICE PR IDER AGREEME} ITH Hi.
° (HAJJ-2018)
‘This Agreement is made at on this Day of between the
President of Islamic Republic of Pakistan through the Ministry of Religious Affairs & Interfaith
Harmony, Islamabad (hereinafter called the ~=“Government of Pakistan”) and = M/s
(Hajj License No. )
{hereinafter called the Service Provider (Hereinafter also referred to individually as a ‘Party’ and
collectively as ‘the Parties’).
WHE!
perform Hajj (Pilgrimage) under the arrangements of Hajj Group Organizer’s Scheme (*HGO”) in
EAS, the Government of Pakistan intends to facilitate the Pakistani Hujjaj, who want to.
Private Sector for Hajj 2018 in accordance with the schedule announced by the Government of Pakistan.
AND WHEREAS, the Service Provider has agreed to provide facilities to these pilgrims on the
dates and schedule as announced by MORA & TH.
NOW, THEREFORE, it is hereby agreed as following: -
Nature of
Clause Description enaley
A | Office Structure
AQ) [The Si Provider shall keep its offices well established, equipped with | Major |
Computer, Internet, Telephone facilities and technical staff located at an
accessible Jocation and shall also display specific sign board duly approved by
the Ministry company bank account(s) for Hajj booking, with complete
registered company name including Hajj Registration License Number, Saudi
Munazzam No., telephone number etc. Established office of the tour operator
having all above facilities including functional website.
AQ _| The Service Provider shall properly maintain / update fully functional website of |” Minor
the company on permanent basis having company profile, detail of
management, hajj package (duly approved by this Ministry), company bank
account(s) for Hajj booking duly approved by MINISTRY, valid contact
numbers, services to be offered, authorization of the Ministry of Religious
Affairs etc. In case of violation, penalty up t Rs. 200,000 will be imposed on
the service provider.
a
Hajj Package
SDA 2018 30. My 2018)othe
Bd)
However, HGOs will submit separate exclusive packages if any, for the approval
from the Ministry. The exclusive facilities must be mentioned in these packages
which must not be available in 19 approved packages along with complete
breakup. Additional facilities approved by MORA will be provided to the
pilgrims on additional payment, against explicitly mentioned terms and receipt
for the same will be issued in the offered package. The detail of additional
facilities and amount changed against facility will be mentioned on Haj
Application Form/HGO-MIS. In case of violation, 10% quota will be deducted
for next year (Approved by MORA).
PP Gacind ‘Nature of |
Clause : description oie
B() | The Service Provider will offer up to three packages, out of 10 packages. | Major
In the light of judgement of Honorable Supreme Court of Pakistan in CP. No.
1099 of 2016 dated 22-2-2017, the service provider shall display a cert
issued by MORA at prominent place inside their office premises, the authority
ate
leiter/ license number, date of issue, the quota alloved and the amount
chargeable by them, permitted by the Ministry of Religious Affairs; failing which
Hajj quota of the company shall be suspended.
E
jor
Bal)
The Service Provider shall upload estimated detailed break up of package(s) on |
HGO-MIS. In case of violation penalty of Rs. 100,000/- will be
service provider.
posed on the
Minor |
Bd)
The Service Provider will not charge any amount from the intending Hujjaj in
the name of secutity/ guarantee/HCF etc. Similarly, service provider will not
charge over and above the agreed package; failing which hajj quota will be
suspended/ reduced.
“Major
Hajj Booking.
ca)
The Service Provider shall book Pakistani citizens only having valid machine
readable Pakistani passport; failing which hajj quota of the service provider
could be cancelled.
Major
cay
The service provider shall book Hujaj from the province, including
neighboring/adjacent districts, for which the license has been granted and will
arrange departure of Hujjaj from the nearest place of departure/airport subject
to agreement with Hujjaj, However, in exceptional circumstances the HGO can
book Hujjaj of another Province not exceeding 25% of the quota. The limit for
ICT based HGOs would not be more than 50%. However, there shall be no
0.Ala.201
Majorss.
wa
Clause
Description
Nature of
Penalty |
such restriction of booking of Hujaj belonging to AJK and Gilgit-Bakistan by
HGO based at Islamabad. In case of violation, the quota of the service provider
equivalent 10 number of Hujjaj booked from other Provinces, will be reduced,
cay
‘The Service Provider shall neither sell his quota/haji/ form(s) nor purchase any
quota/haji/form(s) from other Service Provider including booking through
Agent. In ease of any clue / evidence received in this regard, from any source,
the Ministry has the right to conduct Special Performance Inquiry of defauker
HGOG). In case the allegation is established, both the HGOs along with its
‘management shall be permanently banned/debarred for Hajj Business
| Major
Cav)
To avoid fake booking and secure the amount of Hujjaj, the service provider
shall conduct hajj booking through company’s bank accounts in the scheduled.
bank branch, The HGO will also issue its own receipt in this regard, In case of
violation, penalty amounting to Rs. 50,000/- per haji will be imposed on Service
Provider.
Minor
cw)
The Service Provider shall not book the pilgrims over and above the quow
allocated to the HGO, failing which the hajj quota to the extent of two times of
the number of Hujjaj booked over and above the allocated quota, shall be
reduced, In case of repetition, the penalty of reduction of Hujjaj shall be
increased.
Major
own
Service Provider shall not book any Haji through any agent/sub-
agent/institution exc. Besides, Service provider shall not be involved in
sa. In case of booking through agent, the
arranging Mujamla or visit/business
HGO will be liable to refund differential amount to the Haji, And in case of
booking of Haji on Mujamla or visit/business visa, the Hajj quota shall be
reduced to the extent of Hujjaj booked on the said visas on permanent basis.
Major
cv)
Management of the HGO shall not get involved in booking of Hujaj, except for
his own company. In case of violation, the management/director/ representative
of company shall be banned/debarred for Hajj Business for one (01) year.
Major
CW)
aX)
Service Provider shall not book Hujiaj before allocation of quota by the Ministry
which the company shall be treated as void.
The Service Provider shall ink an agreement with each Haji at the time of his
booking covering all terms & conditions, such as package, distance of
Majoras
Clause
Description
‘Nature oft!
Penalty
ns from Harams, airline, meal & Ziarat arrangement, transport
facility (model of buses should clearly be mentioned) and educate the Hujjaj in
Hajj training including facilities to be provided as per agreed package including
facilities in Mashair like living capacity in tent, cooling system (desert cooler or
AC) menu of food, bedding, transport etc. The agreement shall either be signed
by the Haji or his thumb impression be affixed. In case of violation, the
difference of amount as per agreed facilities shall be refunded to the respective
Hujjaj plus fine/penalty as deemed appropriate by the Ministry. Hard copies of
agreements with Hujjaj will also be provided to the Ministry of Religious Affairs.
cay)
Substitution will be allowed to the Service Provider up to 5% of its quota with
the condition that dropped out haji has no objection for his substitution,
However, in family cases the permissible limit of substitution will be relaxed on
case 10 case basis, In case of violation, hajj quota equal to 5 Huijaj per fake
substation will be reduced including any other action as per this agreement. The
service provider shall refund all amount to substituted haji, in case of violation a
fine, as deemed appropriate, will be imposed by the Ministry.
Major/
Minor
CaN
‘The Service Provider will publish a booklet/handbill, to be handed over to each
applicant, desirous to perform Haj, which shall contain all details of expenses,
| chargeable and all the facilities, to be provided to them during transit from
Pakistan to KSA and within KSA while performing Hajj including transport,
lodging boarding, provision of food and other facilities required of them. In
a penalty as deemed appropriate will be imposed.
Major
»mmodation Arrangements
Di)
~ pap
The Service Provider shall upload agreement of building(s) on HGO-MIS (first |
page only). In case of failure penalty of Rs. 100,000/- will be imposed on the
Service Provides
Minor
“The accommodation 10 the Hujjaj shall be provided by the service provider in
the building/hotel for which information have been uploaded on Saudi
’s website, In case of
government e-Hajj system, HGO-MIS and service provid
violation, the differential amount as per agreed provided facilities should be
refunded to the respective Hujjaj during hajj operation at KSA and the MORA.
& IH shall impose penalty equal to the refunded amount.
Minor
Sil, 2008 (0-M 2018)Clause
<8
Description
&
‘Nature of
Penalty
‘Travel Arrangements
Eq)
Ed)
The Service Provider shall arrange travel arrangement for the Hajjaj as agreed in
the individual Hajj package and duly confirmed to the Hujiaj at least 15 days
prior to departure of Haj flight except in substitution cases. In case of violation,
penakyy amounting to Rs. 50,000/- will be imposed on the Service Provider,
along with refund of differential amount on actual of air fare to the Hujaj or
any other penalty as deemed appropriate.
Minor
Every HGO will furnish to the Ministry a certificate/evidence from the
Airlines/LATA/ Passenger Sale Agent (PSA) having purchased tickets for all of
its Hujjaj and in case fails to avail the booked flight, “No Show” charges what so
ever shall be borne either by the Service Provider or by the Haji and it should be
clearly mentioned in the package to be signed with each Haji, In case of
violation, penalty amounting to Rs. 50,000/- will be imposed on the Service
Provider,
Minor
E()
Edy)
Every group of 30 of more Hujaj shall be accompanied with one representative
of the service provider failing which penalty of Rs, 100,000/- will be imposed.
Minor
| ‘The Service Provider shall provide identity card of his own company to each
pilgrim containing Name, Passport No., KSA Building Address, Maktab No,
Pakistani Contact No, Hajj Application No., HGO Name and Enrollment No.,
Pakistan Hajj Mission Contact No, and KSA Contact No. of Service Provider
and its representative ete as per specimen provided by the Ministry. In ease of
violation, penalty amounting to Rs, 50,000/- will be imposed on the Service
Provider:
Minor
Administrative Arrangements.
FQ) |
|The Service Provider shall be responsible for allixation of Hajj visas of his
Hujjaj from the Saudi Embassy in Islamabad and Karachi in co-ordination of
MORA & TH.
Far)
‘The Service Provider shall be responsible to upload hajj requisite information on
¢-Fhjj poral for issuance of visa well within the specified time. In case of
violation, penaky amounting to Rs. 100,000/- will be imposed on the Service
Provider
Minor
FCI)
Chief Executive or Director of the company shall remain with his group
‘Major
Situs (30.My.2018oes
Clause Description
throughout the stay of Hujjaj in KSA; failing which 10% quota of the HGO will
be reduced and in case of repetition, quota of the HGO shall be cancelled
permanently.
F(IV) | The Service Provider shall depute two experienced attendants, other than | Minor
CE/Director, (One from Pakistan and one local Khadim from KSA) up to 100
Hujaj for proper look after of the Hujjaj. In case of violation, penalty
amounting to Rs, 200,000/- will be imposed on the Service Provider.
F(V)_| The Service Provider shall upload information on HGO-MIS penal
3 10 | Major
accommodation, contact number of staff in KSA, travel itinerary within 72
hours of its arrival in KSA. In case of wrong information, 10% quota of the
HGO will be canceled for one year.
F(VI) | The Service Provider will deposit Rs. 5000/- per pilgrim one time in the Bank, if =e
not deposited earlier, or deposit of bank guarantee @ Rs. 20,000/- per pilgrim at
the time of receipt of hajj forms a contribution in the Hajj Compensation
Fund’s account as prescribed in the Hajj policy and other dues ic. Service
charges, Muhafiz Fund, compulsory Hajj dues (if any), vaccination charges etc,
of his/her
at the time of submission of application forms in respect of Hi
Group. In case of non-deposit, the concerned HGO shall not be allowed for
booking of Hujaj and as such quota shall not be allotted. This will be applicable
only in ease of allocation of hajj quota to newly enrolled HGOs or enhancement
of quota of the existing HGOs. |
“F(VID) | The Service Provider will deposit Per
bank/cash guarantee @ 5% (10% for new entrants/HGOs) of toral package *
vice Provider will deposit Performance Guarantee in the form of | Major
total allocated hajj quota, valid for one year, along with Compulsory Hajj Dues / |
service charges at the time of submission of Hajj Application Forms. In case of
failure, hajj quota of the Service Provider will be deemed suspended along with
deduction of 10% quota in the next year.
F(VIN) | The Ministry will allow the Chief Executive or Director of the HGO duly s
nominated by CE for issuance of multiple visa to KSA for making arrangements
in Saudi Arabia for Hujjaj
F(X) | Efforts will be made to resolve and settle the complaints of Hujjaj in KSA. For =
this purpose, dispute/complaint resolution committee comprising officers of
Sick 2018 0-Ny 2018)Clause
Description
Nature of
Penalty
FR)
the Ministry and representative of HOAP may resolve the issues of Hujjaj
during Hajj, both in Makkah and Madinah. Any complaints settled / resolved
and placed on the record of the Committee, shall not be reopened in Pakistan.
However, un-settled complaints shall be placed before CDC in Pakistan.
‘The Service Provider shall ensure to get surety from their respective Hujjaj for
not skipping in Saudi Arabia and return within due course of time failing which
the service provider shall be liable to penalty which may leads to blacklisting of
HGO.
Major
F(X
Incorrect Information: The Service Provider shall diligently fill in the Hajj
Application Form, individual Hajj agreement, Registration Form, Summary
Form, Logistic Forms the service provider is also bound to. provide all these
requisite information sought by the ministry. In case any information provided
is found incorrect / concealed / delayed/ withheld at any time, a penalty of 10%
deduction in quota shall be imposed as the case may be, proved as such.
Major
FOX)
Nominees Information: The service provider shall provide correct
information in respect of nominee of the intending pilgrim which must be his
next with his / her consent otherwise quota shall be reduced equivalent to the
number of wrong entries or any other penalty as deemed appropriate.
Major
Post Hajj requirements
6@
The Service Provider shall provide financial statements duly authenticated by the
Auditors as and when asked by the MORA & IH; otherwise quota may be with-
held.
Major
Gan
‘The Service Provider shall be bound to provide filled in Feed back forms of its
at least 40% Huijaj within stipulated time to the Ministry. The Ministry may
check the authemticity of feedback forms & shall release the performance
guarantee within 60 days of receipt of feedback. In case of bogus/fake forms,
| appropriate action which may lead to deduction of quota, will be taken
Major —
GI) | HGO will provide post-Hajj proforma along with documentary evidence of
expenditure (if required) in respect of accommodation (Makkah, Madina, Azizia,
Mashait), Maktab changes, Airfare, Food (Makkah, Madina, Azizia, Mashait),
transport (intercity, intra city, Mashait) to the Ministry with documentary
evidences within 30 days after culmination of its hajj operation failing which
Sek 208 00.May.2018)
-Clause Description
quota of the HGO shall remain suspended,
GV) _| The Service Provider will conduct a post Hajj meeting and submit report within
‘Two Months after Hajj in KSA or Pakistan. Schedule of the meeting will be
communicated to concemed Director Hajj as well as Monitoring Section of the |
Ministry. In case of violation a penalty of Rs. 1000/- per haji will be imposed on
the Service Provider.
H | General Rules & Regulations. -
H() | Performance assessment of HGOs will be carried out any time with prior notice
tw the concemed Service Provider with intimation to HOAP,
HG) | The Service Provider shall abide by the niles, regulations and the instructions
issued by Government of Pakistan and KSA from time to time. In case of
violation penalty commensurate to violation shall be imposed.
HM)
The service provider shall implement the Orders of Honorable Supreme Court
of Pakistan dated 22-2-2017 in CP. No. 1099 of 2016 and all similar Orders of
Honorable Courts issued from time to time regarding Hajj arrangement, in letter
and spirit, In case of vioation, action will be taken in the light of said Order(s).
Hv)
The Service Provider shall ensure that mulkiple entry visas shall be utilized as per
Saudi 'Taleemat and instructions of Government of Pakistan.
HY)
‘Adequate training programs not less then two will be arranged by the Service
Provider at its respective areas/ regions for its Hujjaj not less than 02 at its own
cost and provide a copy of the schedule of the training program with confirm
dates to the Hajj Wing of the Ministry and concerned Hajj Directorate well
before the start of the training program. The training programs arranged would
include training of Manasik Umrah & Hajj. The HGO shall explain Manasik
Umrah & Hajj to the Hujjaj in Hajj training session facilities to be provided as
per agreed package including facilities in Mashair like living capacity in tent,
cooling system (desert cooler or AC) menu of food, bedding, transport etc.
Moreover, the service provider will upload exact dave, time and venue of
training on HGO-MIS. In case of violation penalty of Rs. 200,000/- will be
imposed on the Service Provider.
HD
This Agreement shall be governed by the laws of the land and the Couns in’
Pakistan shall have che exclusive jurisdiction to adjudicate upon the cases in this
Se, 2018 00: 2018)e
Clause
Nature of
Penalty
(VI)
‘The Service Provider will abide by the terms and conditions, prescribed or any
additional conditic
Affairs & IH, Government of Pakistan and Kingdom of Saudi Arabia.
s to be prescribed thereafter by the Ministry of Religious
H(VITI)
‘Any fraudulent act of default or forgery on the part of Service Provider will be
penalized permanent blacklisting and acquiring of company as well as criminal
offence dealt with criminal proceedings.
Major
HX)
Decision of MORA & IH regarding interpreting clauses of this Service Provider
Agreement shall be consi
/ HEX)
‘The complaint of Hujjaj if any, against the Service Provider will be disposed by
‘Complaint Disposal Committee (CDQ, having its jurisdiction to impose one or
more penalties for violation of SPA. The Committee will be guided by the
punishments provided in SPA but will have the powers to award major oF minor
punishments, not mentioned in previous chuses. Three minor penalties would
be treated equal as one major penalty, to be decided accordingly by CDC.
HD
HGO in collaborative arrangement will book Hujaj itself independently for its
Collaborative arrangement is permissible subject to the condition that each
company and keep its identity meaning thereby that CE/Director and
attendants as required in SPA shall remain with Hujaj during their stay in KSA;
which 10% quota will be reduced, Collaborative arrangement shall be
allowed subject to same package and services.
fai
T have read and understood Service Provider Agreement — 2018 and undertake that all activities of
HGOs shall be governed under clause-19 of Hajj Policy 2018 ie. general conditions of HGOs. I have no
objection
wo the ~— Quota allocaed tthe | HGO— namely
M/s
for Hajj 2018. I shall abide by the provisions
of transponation of Hujjaj to KSA as well as other terms and conditions, prescribed or any additional
conditions to be prescribed thereafter by the Ministry of Religious Affairs & IFH, Islamabad and
Kingdom of Saudi Arabia, for providing services to the Hajjis during Hajj 2018.
Dated:oe -10-
for and on behalf of
Government of Pakistan
Signature & Thumb impression of all Directors of the Company:
a Name Signature ‘Thumb Impression
2018 30.Mo 2018)